Protecting the Profession — Professional Ethics in the ...

Protecting the Profession -- Professional Ethics in the Classroom

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Introduction. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Professional Ethics and the Classroom. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 What Professional Ethics Mean. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Teaching as a High-Risk Profession. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Navigating the Gray Areas of Teacher Behavior. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Would You Know an Ethical Dilemma If You Saw One?. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Peers and Professional Ethics. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Breaking the Silence. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Professional Ethics and Professionalizing Education. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13

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Introduction

Make no mistake about it, "ethics" is a loaded word. The mere mention of ethics, whether in political debates or casual conversations among friends, often results in a value-laden discussion of what is considered "right" or "wrong." When placed within the context of a profession, however, ethics acknowledges the complexities inherent within a practitioner's work and is meant to serve as a guide in navigating a broad range of nuanced situations. Professionals are prepared to not only think about critical decision points, but also to discuss them with each other by applying a common framework of understanding. For that very reason, codes of ethics have been at the core of most professions for decades. That makes sense. This does not hold true for educators, who by the nature of their jobs, face a series of gray areas with only their personal experiences and values as a guide. Research indicates that few educators have been prepared at the preservice or inservice levels in professional ethics, and the profession as a whole has not adopted a unified code of ethics to guide practitioner decision making. Yet, educators are expected to address the academic, personal and social needs of society's most vulnerable population in a setting that allows for little distance between the practitioner and those they serve. In the fall of 2016, a series of articles was published on with the goal of generating awareness among our educational leaders and policymakers about the importance of this topic. Navigating through the competing tensions of our profession goes far beyond just knowing right from wrong, and my hope is that these articles illustrate the complexity, risks and vulnerabilities inherent in the profession. As an experienced teacher, I can assure you that most daily decisions in our profession are not about right or wrong, but rather about how to best operate within the gray. It's time we stop tiptoeing around "ethics." It's time we give our profession permission to have the difficult conversations. Troy Hutchings, Ed.D.

About the Author

Hutchings researches, writes and speaks about professional ethics, educator misconduct, and developing a framework for an ethical and legal teaching practice. He conducts workshops and gives presentations to various state and national policy and practitioner groups across the United States and Canada. Hutchings also provides expert witness testimony in judicial hearings, collaborates on policy initiatives with state, federal and provincial agencies, and is a subjectmatter expert on a variety of national projects dealing with educator ethics and law. He provides thought leadership to research initiatives and practical applications in educator ethics at ETS in Princeton, N.J. Hutchings has a record of full-time teaching, research, and administrative responsibilities at the university level spanning 15 years, and has served as a high school teacher, administrator and coach in public and private schooling environments for 16 years.

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Professional Ethics and the Classroom

By Troy Hutchings, ETS | September 1, 2016

To understand the importance of professional ethics in the classroom, look back to the election season of 1964.

As Barry Goldwater rose to prominence, a magazine surveyed more than 1,000 psychiatrists to assess his state of mind, most of whom were happy to oblige. The responses outraged Goldwater, who successfully sued the magazine for libel. Equally important, the comments damaged the credibility of the field. "Psychobabble reported by the media undermines psychiatry as science," former American Psychiatric Association President Herbert Sacks wrote in an article discussing the incident.

As a result, psychiatry, as a profession, agreed to stop publicly diagnosing public figures without personally examining them. The so-called "Goldwater rule" is an example of how professionals can look at the ethical issues that impact their field and collectively come to consensus on how to address them. It also serves as a guideline for individual psychiatrists who may be prompted to offer their own verdicts about individuals they know -- or don't know -- in social or public settings.

Now think how a similar situation might play out for a teacher in a school setting -- for example, if I suspect that a student may have an inappropriate crush on another teacher. I know the teacher hasn't encouraged this interest, but nonetheless this is a potential blind spot he or she needs to be made aware of. But how do I address this? If I talk to the teacher, chances are it will sound like a personal judgment about the way he or she relates to students. If I bring it up with an administrator, chances are it will be construed as a failing on the teacher's part that could impact his or her career. And what if I'm wrong? So chances are I'll stay silent, even if the situation ultimately winds up damaging the credibility of the teacher, the school and the profession as a whole.

What's the difference? Psychiatrists, like doctors, lawyers, and their counterparts in a variety of other fields, deal with highly nuanced relationships that can create the same kinds of gray areas that often arise in a school setting. But these professions have established codes of professional ethics to guide practitioners as they navigate a broad range of gray areas. Just as importantly, these professionals are trained to think about these ambiguous situations and to discuss them with each other as part of their preparation to enter their respective fields. Neither of these things is true for educators, who by the very nature of their jobs face a constant series of gray areas with only their personal experience and values as a guide. The isolation that so many of us love when we close our classroom doors to teach, works against us when we have to face challenging ethical issues where there is no collective understanding of how to address them.

The lack of a code of ethics in education obviously impacts individual teachers who face difficult decisions and don't have an outlet to discuss them with peers. But it's also shaped how the profession -- and education is by far one of the largest professions in the country -- has evolved.

A key element of any profession -- and the one I argue that actually makes it a profession -- is the extent to which the field has created a way to regulate itself in these ways. The absence of this self-regulating function has contributed to the many ways in which educators are undervalued as professionals. It's also led to a vicious cycle that has impacted the profession for the worse. In the absence of a clearly articulated code of ethics, policymakers feel obliged to spell out the requirements for teacher behavior in highly specific laws and policies. These rules, which often don't acknowledge the highly variable nature of teachers, schools, and students, over time limit teachers' ability to make decisions on their own, which in turn, creates a need for additional, ever more specific teacher guidance. If you've ever wondered why some school districts have spelled out in writing that parent gifts worth $24.99 are acceptable and those worth $25 are a violation of policy, that's why.

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Codes of ethics evolved in other professions as a result of similar difficult questions. The American Medical Association's code of ethics, for example, were largely created to help physicians reconcile the conflicting needs of serving patients at a time when infectious diseases were difficult for medical professionals to avoid contracting. In many states, the bar exam and other licensing requirements for lawyers focus extensively on ethics. Ethics also are an integral part of the discussions law school students are required to have with professors and their peers -- conversations that provide models for how they can continue addressing ethical dilemmas once they are practicing law.

That's not to say these fields don't have their own challenges -- professionals in any field make mistakes, sometimes out of ignorance, and sometimes out of intent. But professionals in these fields have ways of addressing them with each other -- and at times, preventing each other from unwittingly making serious mistakes -- that we as educators simply do not.

As a former teacher devoted to introducing educators and the field as a whole to the importance of professional ethics, I often say that ethics should be one leg of a three-legged stool -- as important to being a teacher as mastery of content and pedagogy. While that's clearly not been the case to date, professional ethics is now emerging as an important component of education policy and practice. In this series of articles, we'll explore the challenges of instilling professional ethics in education and discuss promising changes that could help transform the field -- and make it a profession on par with medicine, law and other fields that have empowered their members to regulate themselves in important ways.

What Professional Ethics Mean

By Troy Hutchings, ETS | September 9, 2016

When we hear the word "ethics," we think we understand what the term means. And as educators, when we're confronted with ethical issues, we generally try our best to act ... well, ethically. But the difference between being an "ethical" person and following a code of ethics can be very different.

Consider a scenario familiar to many educators: An exemplary teacher in your building is having a bad year -- in large part because of personal issues. What do you do?

? Do you confront the teacher about his or her performance, knowing it ultimately impacts the students he or she cares so much about?

? Do you, knowing the severity of the teacher's personal issues, recognize that even the best educators cannot be at the top of their game at all times, and assume that he or she will go back to being a great educator once the out-of-school problem is resolved?

? Do you think it's presumptuous to bring the issue up with the teacher at all, given that the principal is more likely to hold the teacher to task in ways that will improve his or her performance?

Chances are, most teachers will say "it depends." And the best response does, in fact, depend on a variety of factors -- the teacher, the situation, the students and the school. But in any given scenario, each of these courses of action could conceivably be seen as "ethical" by a teacher -- and probably for good reasons. More importantly, we as a field haven't created an environment that allows us to have conversations that acknowledge these kinds of problems in the first place and discuss collectively what I like to call the "least worst option." After all, if a solution to a situation was clear cut, it wouldn't be an ethical dilemma.

The misperceptions blurring the lines between personal and professional ethics become even more difficult to address when we think about the ethics of education. I personally believe the reasons why these misperceptions exist go back to the roots of public education in this country. We've long thought of teaching as being an extension of parenting -- a moral good that has

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